Lemus v. Aguilar, 491 S.W.3d 51 (Tex. App.—San Antonio 2016, no pet.).




Partner A and Partner B signed an unwitnessed document which they designated as a will. Except for Partner B’s signature, the document was wholly in Partner A’s handwriting. After Partner B died, both the trial and appellate courts held that the document was not a valid will because it was unwitnessed and not wholly in the deceased partner’s handwriting.


Moral:  A unwitnessed holographic will must be entirely in the handwriting of the actual testator; a signature on a will handwritten by another person, even a co-testator, is insufficient.